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pro·bate 1 /'prō-ˌbāt/ n [Latin probatum, neuter of probatus, past participle of probare to test, approve, prove]1 a: the process of proving in a court of competent jurisdiction (as a probate court) that an instrument is the valid last will and testament of a deceased person; broadly: the process of administering an estateb: the judicial determination that a will is valid2: the officially authenticated copy of a probated will3 a: probate courtb: matters that fall under the jurisdiction of a probate courtprobate 2 vt pro·bat·ed, pro·bat·ing1: to establish (a will) as valid through probate2 a: to put (a convicted offender) on probationb: to replace (a sentence) with probation
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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I
noun
authentication of a will, authentication proceeding, judicial validation of a will, proof of the validity of a will, proof of the will, validation of a testament, validity proceedings, will validation proceeding, will verification proceeding
II
verb
adjudge the validity of a will, adjudicate the validity of a will, authenticate a will, certify a will, confirm the validity of a will, establish the authenticity of a will, establish the genuineness of a will, establish the validity of a will, prove the validity of a will, substantiate, validate a will, verify a testament
associated concepts: probate a will, probate court, probate proceeding
Burton's Legal Thesaurus. William C. Burton. 2006
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n.A formal court procedure in which a will is proven to be valid or invalid; the entire process of settling the estate of a deceased person.v.To establish that a will is valid.
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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an order of court appointing a person to administer the estate of a deceased person. Where a person dies leaving a will that makes an effective appointment of executors, the executors' title to deal with the deceased's estate is completed by the issue of a grant of probate. This is in fact and in law (like a grant of letters of administration) an order of the High Court. Probate may be either in common form (where the probity of the will is not in dispute), issued by one of the Probate Registries, or where the will is disputed in solemn form. Contentious business is dealt with in the Chancery Division; non-contentious business is assigned to the Family Division.
Collins dictionary of law. W. J. Stewart. 2001.
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The court-supervised process following a person's death that includes* proving the authenticity of the deceased person's will* appointing someone to handle the deceased person's affairs* identifying and inventorying the deceased person's property* paying debts and taxes* identifying heirs, and* distributing the deceased person's property according to the will or, if there is no will, according to state law.* Formal probate is a costly, time-consuming process that is best avoided if possible. Most states now offer simplified probate procedures for estates of relatively small value. (See also: administrator, executor, personal representative)Category: Wills, Trusts & Estates → Estates, Executors & Probate CourtCategory: Wills, Trusts & Estates → Wills
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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England, WalesThe process of proving a will by the executors. The term is also commonly used to describe the process of obtaining a grant of representation, even where there is no will (although this is not the strict definition).
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
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n. A judicial procedure by which a will or other instrument is ruled to be valid according to legal requirements; the proving of the validity of a will or such to the court.
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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The court process by which a will is proved valid or invalid. The legal process wherein the estate of a decedent is administered.
Dictionary from West's Encyclopedia of American Law. 2005.
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The court process by which a will is proved valid or invalid. The legal process wherein the estate of a decedent is administered.II Court proceeding by which a will is proved valid or invalid. Term used to mean all proceedings pertaining to the administration of estates such as the process by which assets are gathered; applied to pay debts, taxes, and expenses of administration; and distributed to those designated as beneficiaries in the will. Conducted in states courts.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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1) n. the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will. The first step is to file the purported will with the clerk of the appropriate court in the county where the deceased person lived, along with a petition to have the court approve the will and appoint the executor named in the will (or if none is available, an administrator) with a declaration of a person who had signed the will as a witness. If the court determines the will is valid, the court then "admits" the will to probate.2) n. a general term for the entire process of administration of estates of dead persons, including those without wills, with court supervision. The means of "avoiding" probate exist, including creating trusts in which all possessions are handled by a trustee, making lifetime gifts or putting all substantial property in joint tenancy with an automatic right of survivorship in the joint owner. Even if there is a will, probate may not be necessary if the estate is small with no real estate title to be transferred or all of the estate is either jointly owned or community property. Reasons for avoiding probate are the fees set by statute and/or the court (depending on state laws) for attorneys, executors and administrators, the need to publish notices, court hearings, paperwork, the public nature of the proceedings and delays while waiting for creditors to file claims even when the deceased owed no one.3) v. to prove a will in court and proceed with administration of a deceased's estate under court supervision.4) adj. reference to the appropriate court for handling estate matters, as in "probate court."
Law dictionary. EdwART. 2013.
